Uttarakhand High Court
State Of Uttarakhand And Others vs Bharti Sagar on 27 September, 2024
2024:UHC:7185-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
27TH SEPTEMBER, 2024
SPECIAL APPEAL No. 497 OF 2018
State of Uttarakhand and others.
...Appellants
Versus
Bharti Sagar.
...Respondent
Counsel for the appellants. : Mr. P.C. Bisht, learned Additional
Chief Standing Counsel for the State
of Uttarakhand.
Counsel for the respondent. : Mr. Sandeep Kothari, learned counsel.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
The State has come up in appeal against the
judgment passed by the learned Single Judge in Writ
Petition (S/S) No. 1433/2016 dated 08.03.2018, whereby
the learned Single Judge had allowed the Writ Petition.
2. Counsel for the appellants-State has referred to
the Government Order dated 19.08.1988 - Annexure No.
2 to show the exceptional circumstances, in which
extraordinary pension can be granted, which is at Page
No. 46. As per clause (6) examples have been given with
respect to death of a police personnel, while on duty. It
can be when he is performing his duty, and some car hits
him, while performing the duty, or he slips down and
2024:UHC:7185-DB
dies. So, as an example, while on duty, if he dies in an
accident, extraordinary pension can be granted to him.
The example says that if he is going on duty, and he
meets with an accident, extraordinary pension can be
granted. However, these examples do not say that the
police personnel should only be doing the work of
controlling the traffic. It can be a case, where in heavy
rainfall, he slips and dies. In the present case, while he
was on duty, he was hit by a car and he died. His case is
squarely covered by the Government Order dated
19.08.1988. There is no ground to interfere with the
judgment passed by the learned Single Judge dated
08.03.2018. The case of the respondent-writ petitioner
for grant of extraordinary pension was also recommended
by the Accountant General (Audit and Accounts),
Uttarakhand, Dehradun on 15.07.2010, and it was only
rejected in January, 2015, on the ground that her case
was not covered under the Rules.
3. In the Special Appeal, this Court has gone
through the Government Order dated 19.08.1988 -
Annexure No. 2 at Page No. 46 of the Special Appeal.
Even this Government Order says that extraordinary
pension can be granted in exceptional circumstances of
meeting with an accident while on duty.
2024:UHC:7185-DB
4. There is no merit in the present Special Appeal.
The same is, hereby, dismissed.
5. Pending application(s), if any, also stand
disposed of accordingly.
______________
RITU BAHRI, C.J.
__________________
RAKESH THAPLIYAL, J.
Dt: 27th September, 2024
Rahul
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c848741983
ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND,
serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1A
AD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI
Date: 2024.09.27 14:08:36 +05'30'
